IN THE HIGH COURT OF KERALA AT ERNAKULAM
V. G. Arun, J
Confident Projects India (P) Ltd – Appellant
Versus
The Kerala Real Estate Appellate Tribunal – Respondent
JUDGMENT :
The 1st petitioner is a company engaged in the construction of apartments and non-residential buildings. The 2nd petitioner is the Managing Director of the 1st petitioner company. The 2nd respondent is the allottee of an apartment in one of the projects. The 2nd respondent had filed a complaint before the Kerala Real Estate Regulatory Authority (K-RERA), seeking compensation of Rs.5 lakhs for the loss and mental agony suffered by him due to the failure on the part of the petitioners to provide the promised facilities and amenities. The K-RERA partly allowed the complaint vide Ext.P1 order and directed the petitioners to pay Rs.4,28,368/- to the 2nd respondent as compensation, with 14.85% interest from the date of complaint till realisation, along with litigation cost of Rs.5000/-. While filing the appeal against the order, petitioners deposited the entire amount of compensation along with interest and produced the Fixed Deposit receipts, as mandated by Section 43 (5) of the Real Estate (Regulation and Development) Act, 2016 (hereinafter referred to as 'the Act'). Further, the fee of Rs.1000/- stipulated in Rule 28 of the Kerala Real Estate (Regulation and Development) Ru
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